- 37 - Normally, with respect to an income tax liability, the right to sue for a refund requires full payment of the disputed liability. Under the majority’s reading of section 6330(c)(2)(B), there would be no such requirement for payment prior to being able to contest the underlying merits of a self-assessed amount in the context of a section 6330 hearing before this Court. The majority’s interpretation results in a dramatic and improbable change from more than 75 years of established tax litigation procedure and precedent. If Congress had intended such a dramatic change, it certainly would have made some reference or modification to the existing statutory framework for refund claims and/or suits. Finally, I find it inconceivable that Congress intended that taxpayers who filed returns admitting that they owed tax are to be given the opportunity to contest their own “assessment” of the tax due, when the respondent seeks to collect it. It is my view that Congress intended to ensure that taxpayers had certain rights with respect to the collection process and to permit them to contest any changes respondent proposed,3 if they had not already had the opportunity to do so. CHIECHI, J., agrees with this dissenting opinion. 2(...continued) is not a deficiency proceeding. 3 Including respondent’s proposed changes from a taxpayer’s self-assessed tax liability.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011